June 12, 2026 · 10 min read · DisableVet

⚠️ Disclaimer: This article is for informational purposes only and does not constitute legal, medical, or financial advice. VA disability claims are individual in nature. For personalized guidance, consult a VA-accredited attorney, claims agent, or Veterans Service Organization (VSO).
Key Takeaways
- The VA is proposing the most significant overhaul of the rating schedule (VASRD) in decades — targeting sleep apnea, tinnitus, and mental health criteria.
- None of the proposed changes are final as of June 2026. Current rating criteria remain in effect.
- Sleep apnea ratings could drop significantly — a veteran using a CPAP machine today gets 50%, but the proposal could reduce that to 0% if symptoms are fully controlled.
- Tinnitus may lose its standalone 10% rating — under the proposal, it would only be rated as a symptom of hearing loss or another condition.
- The VA's medication rule (38 CFR § 4.10) was published and then rescinded within 10 days in February 2026 after massive backlash from VSOs and Congress.
- Veterans with existing ratings are protected by grandfathering rules — your current rating won't be automatically reduced.
- If you haven't filed a claim for sleep apnea or tinnitus, the window to file under current, more favorable rules won't stay open forever.
What Is the VASRD and Why Is It Changing?
The VA Schedule for Rating Disabilities (VASRD) is the official system the Department of Veterans Affairs uses to assign disability ratings — the percentages (0%, 10%, 20%, up to 100%) that determine your monthly compensation. It's codified in 38 CFR Part 4 and has been updated piecemeal over the decades, but the VA is now undertaking its most comprehensive modernization effort in over 50 years.
The push to update the VASRD comes from several directions:
- Medical science has evolved. Many diagnostic criteria date back to the 1940s and don't reflect current understanding of conditions like sleep apnea, tinnitus, and mental health disorders.
- Court decisions have forced the VA's hand. A line of cases — most recently Ingram v. Collins (2025) — required VA to rate disabilities at their unmedicated baseline severity, which the VA says would require re-adjudicating over 350,000 pending claims.
- Congressional pressure. Lawmakers have pushed the VA to modernize the schedule to improve consistency and reduce the claims backlog.
The result: a multi-year rulemaking process that could reshape how some of the most commonly claimed conditions are rated.
Proposed Sleep Apnea Rating Changes
Sleep apnea is one of the most common VA disability claims, with over 500,000 veterans currently service-connected for the condition. Under the current system, the VA rates sleep apnea under Diagnostic Code 6847:
| Current Rating | Criteria | Monthly Compensation (2026) |
|---|---|---|
| 0% | Diagnosis without significant symptoms or required treatment | $0 |
| 30% | Persistent daytime hypersomnolence (excessive sleepiness) | $552.47 |
| 50% | Requires use of a CPAP machine or other breathing assistance device | $1,132.90 |
| 100% | Chronic respiratory failure with CO₂ retention, cor pulmonale, or requires tracheostomy | $3,938.58 |
What's Proposed
The VA's proposed changes would fundamentally restructure sleep apnea ratings based on how well the condition is managed by treatment:
- If CPAP or other therapy fully eliminates symptoms, the rating could drop to 0% — even though the veteran still has sleep apnea and must use the machine every night.
- If symptoms persist despite treatment, veterans could qualify for progressively higher ratings based on residual functional impairment.
- The proposal reflects the VA's argument that compensation should reflect actual functional impairment, not the mere presence of a diagnosis.
💡 Pro Tip: If you currently receive a 50% rating for sleep apnea and use a CPAP machine, your rating is protected under grandfathering rules. The proposed changes would apply to new claims and pending claims filed after the final rule takes effect — not to existing ratings.
Why This Matters
For veterans who haven't filed yet, the difference is stark. Under current rules, a veteran diagnosed with obstructive sleep apnea who is prescribed a CPAP machine automatically qualifies for a 50% rating — worth $1,132.90/month in 2026. Under the proposed rules, if the CPAP controls the symptoms, that same veteran could receive $0/month.
Proposed Tinnitus Rating Changes
Tinnitus — the persistent ringing, buzzing, or hissing in the ears — is the #1 most claimed VA disability, with over 2.9 million veterans service-connected. Under current rules, tinnitus is rated under Diagnostic Code 6260 at a flat 10%, regardless of whether it affects one ear, both ears, or is perceived "in the head."
What's Proposed
The VA wants to delete Diagnostic Code 6260 entirely and stop rating tinnitus as a standalone condition. Instead:
- Tinnitus would be rated only as a symptom of an underlying condition — such as hearing loss (DC 6100), TBI (DC 8045), or Meniere's disease (DC 6205).
- If your hearing loss is rated at 10% or higher, you would receive no additional compensation for tinnitus — it would be folded into the hearing loss rating.
- You'd only qualify for a separate tinnitus rating if your hearing loss is service-connected but rated at 0% (non-compensable).
| Scenario | Current Rule | Proposed Rule |
|---|---|---|
| Tinnitus with normal hearing | 10% ($180.42/mo) | 0% — no standalone rating |
| Tinnitus + hearing loss rated 10%+ | 10% for tinnitus + hearing loss rating | Tinnitus folded into hearing loss — no extra compensation |
| Tinnitus + hearing loss rated 0% | 10% for tinnitus + 0% for hearing loss | 10% for tinnitus only |
⚠️ Warning: If you've been putting off filing a tinnitus claim, the window to secure a standalone 10% rating under current rules is closing. Once the final rule is published, new claims will be evaluated under the new criteria.
The Medication Rule: 38 CFR § 4.10
In February 2026, the VA published an interim final rule amending 38 CFR § 4.10 — the core regulation governing how VA examiners assess functional impairment. The rule was published on February 17, 2026, and took effect immediately, with no advance public comment period.
What the Rule Said
The amendment added language stating that:
- VA examiners will NOT estimate or discount improvements due to medication or treatment.
- If medication lowers the level of disability, the rating will be based on that lowered (medicated) level.
In plain English: if your PTSD medication reduces your symptoms from severe to moderate, the VA would rate you at moderate — not at the severe level you'd be at without medication.
The Backlash and Rescission
The rule drew immediate, fierce opposition from:
- DAV (Disabled American Veterans)
- VFW (Veterans of Foreign Wars)
- American Legion
- Members of Congress from both parties
- Veterans law judges and legal advocates
Critics argued the rule created a perverse incentive: veterans would be financially punished for following their doctors' orders and taking prescribed medication. A veteran who takes their PTSD medication as prescribed could see their rating — and monthly compensation — reduced through no fault of their own.
Within 10 days, the VA announced the rule would not be enforced, now or in the future. The interim final rule was effectively rescinded.
What This Means for You
- The medication rule is dead — it will not be applied to your claim.
- However, the VA's attempt to implement it signals the agency's long-term intent to rate disabilities at medicated levels. Veterans should monitor future rulemaking efforts.
- The court decision that prompted the rule (Ingram v. Collins) remains a concern for the VA, and the agency may try a different regulatory approach in the future.
Mental Health Rating Changes: A Potential Bright Spot
Not all proposed changes are negative. The VA's proposed updates to mental health rating criteria (under 38 CFR § 4.130) could actually benefit veterans with PTSD, depression, anxiety, and other mental health conditions.
The current mental health rating schedule has been criticized for:
- Over-reliance on symptom checklists that don't capture functional impairment accurately
- Inconsistent ratings across different examors
- Failure to account for occupational and social impairment in a nuanced way
The proposed changes aim to:
- Use modern diagnostic frameworks aligned with current psychiatric practice
- Better capture the real-world impact of mental health conditions on employment and daily functioning
- Reduce rating inconsistencies between examiners
While details are still being finalized, veterans with mental health conditions may see more accurate — and potentially higher — ratings under the new system.
What Veterans Should Do Right Now
Here's your action plan based on where things stand in June 2026:
1. If You Haven't Filed a Sleep Apnea or Tinnitus Claim
File now. The current rules are more favorable, and any claim filed before the final rule takes effect will be evaluated under the current criteria. Once you're service-connected, your rating is protected by grandfathering.
2. If You Already Have a Rating
Don't panic. Your existing rating is protected. The VA cannot automatically reduce your rating based on proposed (not finalized) rule changes. If the VA ever proposes a reduction, you have the right to contest it and present evidence.
3. If You Have a Pending Claim
Monitor the Federal Register for final rule publications. If a final rule is published while your claim is pending, the VA should apply the criteria that were in effect when you filed — but this is an area where legal guidance can help.
4. Document Everything
Regardless of the proposed changes, strong claims are built on strong evidence:
- Service records showing noise exposure, in-service events, or medical complaints
- Current medical records documenting your diagnosis and treatment
- Nexus letters from medical providers connecting your condition to service
- Lay statements from family, friends, or fellow service members
5. Get Professional Help
Consider working with a VA-accredited attorney, claims agent, or VSO — especially if you're filing a new claim or appealing a denial. These professionals understand the evolving regulatory landscape and can help you build the strongest possible case.
Frequently Asked Questions
Will the VA reduce my current sleep apnea rating if the proposed changes become final?
No. Veterans with existing service-connected ratings are protected by grandfathering rules. Your current rating would not be automatically reduced. The proposed changes would apply to new claims and pending claims filed after the final rule takes effect.
Is tinnitus really going to lose its 10% rating?
Not yet — and maybe not at all. The VA has proposed deleting Diagnostic Code 6260, but as of June 2026, no final rule has been published. The rulemaking process includes a public comment period, and the final rule could be modified or withdrawn entirely based on public feedback.
Can the VA rate my disability based on how I function with medication?
Not under current rules. The February 2026 interim final rule that would have allowed this was rescinded within 10 days. However, the VA may attempt a different regulatory approach in the future. Stay informed and consult with a VSO or accredited attorney if you're concerned.
How do I file a claim for sleep apnea or tinnitus?
You can file online at VA.gov, by mail (VA Form 21-526EZ), in person at a VA regional office, or with the help of a VSO or accredited attorney. Gather your service records, medical evidence, and any supporting documentation before filing.
What's the difference between a proposed rule and a final rule?
A proposed rule is the VA's published plan for public comment. It has no legal effect. A final rule is published after the comment period closes and the VA reviews feedback. Only a final rule changes the law. As of June 2026, none of the VASRD changes discussed in this article have been finalized.
The Bottom Line
The VA disability system is in the middle of its most significant transformation in decades. The proposed changes to sleep apnea and tinnitus ratings could reduce compensation for future claimants, while mental health rating changes may benefit veterans with psychiatric conditions. The failed medication rule attempt shows that veteran advocacy works — but the fight isn't over.
The single most important thing you can do right now is file your claim under the current, more favorable rules if you haven't already. Every month you wait is a month of potential back pay you're leaving on the table — and the window to file under current criteria won't stay open forever.
Last updated: June 12, 2026. Information reflects publicly available data as of this date. VA rules and policies are subject to change.